Common use of Notice and Demand Clause in Contracts

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERS, to such Holder of Trust PIERS as such Holder’s name and address appear on the Securities Register and (ii) in the case of the Common Holder or the Depositor, to Omnicare, Inc., 000 Xxxx XxxxxXxxxxx Xxxxxxxxx, Xxxxxxxxx, Xxxxxxxx 00000, Attention: Corporate Secretary, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and the Delaware Trustee, JPMorgan Chase Bank, 4 New York Plaza, 15th Floor, New York, New York 10004, Attention: Institutional Trust Services; Chase Manhattan Bank USA, National Association, 000 Xxxxxxx Xxxxxxxxxx Road, Building 4 (3rd Floor), Newark, Delaware 19713, Attention: Institutional Trust Services, as the case may be; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare Capital Trust I c/o Corporate Secretary. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERSCapital Securityholder, to such Holder of Trust PIERS Capital Securityholder as such Holder’s Securityholder's name and address appear on the Securities Register and (ii) in the case of the Common Holder Securityholder or the Depositor, to OmnicareSouthern Company Capital Funding, Inc., 000 Xxxx XxxxxXxxxxx Xxxxxxxxxc/o The Southern Company, Xxxxxxxxx270 Peachtree Street, Xxxxxxxx 00000N.W., Atlanta, Georgia 30303, Attention: Corporate SecretarySecretxxx, Facsimile NoXxxxxxxxx Xx. (000) 000-0000, xxxx x xxxx xx Southern Company Services, Inc., 270 Pxxxxxxxx Xxxxxt, N.W., Suite 2000, Atlanta, Georgia 30303, Attenxxxx: Xxxxxxxxx Xxxxxxx Xxxxxxxxxx, Xxxxxxxxx Xx. (000) 000-0074. Such notice, demand or other communication to or upon a Holder x Xxxxxxxxxxxder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and the Delaware Trustee, JPMorgan Chase BankBankers Trust Company, 4 New York Plaza, 15th FloorFour Albany Street, New York, New York 10004York, 10006, Attention: Institutional Corporate Trust Servicesxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxxx Xxxxxxxes Group; Chase Manhattan Bank USA, National Association, 000 Xxxxxxx Xxxxxxxxxx Road, Building 4 Bankers Trust (3rd FloorDelaware), Newark1001 Jefferson Street, Suite 550, Wilmington, Delaware 1971319801-1457, AttentionAtxxxxxxx: Institutional Trust ServicesXxxx Xxxxxxx, as the case may bexx xxx xxxx xxx xx; and xxx (iixx) with respect xxxx xxxxxxx to the Administrative TrusteesAdminixxxxxxxx Xxxstees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare Southern Company Capital Trust I c/o Corporate Secretary. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERSPreferred Securityholder, to such Holder of Trust PIERS Preferred Securityholder as such Holder’s Securityholder's name and address appear on the Securities Security Register and (ii) in the case of the Common Holder Securityholder or the Depositor, to Omnicare, Inc.Duke Energy Corporation, 000 Xxxx XxxxxXxxxxx XxxxxxxxxXxxxx Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000, Attention: Treasurer, Facsimile No. (000) 000-0000, with a copy to Corporate Secretary, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and the Delaware Trustee, JPMorgan The Chase Manhattan Bank, 4 New York Plaza000 Xxxx 00xx Xxxxxx, 15th FloorXxx Xxxx, New York, New York 10004Xxx Xxxx 00000, Attention: Institutional Trust Capital Markets Fiduciary Services; Chase Manhattan Bank USADelaware, National Association0000 Xxxxxx Xxxxxx, 000 Xxxxxxx Xxxxxxxxxx RoadXxxxxxxxxx, Building 4 (3rd Floor), Newark, Delaware 19713Xxxxxxxx 00000, Attention: Institutional Corporate Trust ServicesDepartment, as the case may be; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare Duke Energy Capital Trust I [ ] c/o Corporate Secretary. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee. Section 10.09.

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERSPreferred Securityholder, to such Holder of Trust PIERS Preferred Securityholder as such Holder’s Securityholder's name and address appear on the Securities Security Register and (ii) in the case of the Common Holder Securityholder or the Depositor, to OmnicareDuke Energy Field Services, Inc.LLC, 000 Xxxx XxxxxXxxxxx Xxxxxxxxx00xx Xxxxxx, XxxxxxxxxXxxxx 000, Xxxxxx, Xxxxxxxx 00000, Attention: Treasurer, Facsimile No. (000) 000-0000, with a copy to Corporate Secretary, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and the Delaware Trustee, JPMorgan Chase Bank, 4 New York Plaza000 Xxxx 00xx Xxxxxx, 15th FloorXxx Xxxx, New York, New York 10004Xxx Xxxx 00000, Attention: Institutional Trust Services; Chase Manhattan Bank USA, National Association, 000 Xxxxxxx Xxxxxxxxxx RoadXx., Building 4 (4, 3rd Floor), Newark, Delaware 19713, . Attention: Institutional Trust Services, as the case may be; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare DEFS Capital Trust I I, c/o Corporate Secretary. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERSPreferred Securityholder, to such Holder of Trust PIERS Preferred Securityholder as such Holder’s Securityholder's name and address appear on the Securities Register and (ii) in the case of the Common Holder Securityholder or the Depositor, to Omnicare, Inc.Alabama Power Company, 000 Xxxx XxxxxXxxxxx XxxxxxxxxXxxxx 00xx Xxxxxx, XxxxxxxxxXxxxxxxxxx, Xxxxxxxx Xxxxxxx 00000, Attention: Corporate Treasurer, Facsimile No. (000) 000-0000, with a copy to the Assistant Secretary, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and the Delaware Trustee, JPMorgan Chase Chemical Bank, 4 New York Plaza000 Xxxx 00xx Xxxxxx, 15th FloorXxx Xxxx, New YorkXxx Xxxx, New York 1000400000, Attention: Institutional Trust ServicesCorporate Trustee Administration Department; Chase Manhattan Chemical Bank USADelaware, National Association0000 Xxxxxx Xxxxxx, 000 Xxxxxxx Xxxxxxxxxx RoadXxxxxxxxxx, Building 4 (3rd Floor), Newark, Delaware 19713Xxxxxxxx 00000, Attention: Institutional Corporate Trust ServicesDepartment, as the case may be; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare Alabama Power Capital Trust I c/o Corporate SecretaryTreasurer. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERSPreferred Securityholder, to such Holder of Trust PIERS Preferred Securityholder as such Holder’s Securityholder's name and address appear on the Securities Security Register and (ii) in the case of the Trust Common Holder Securityholder or the Depositor, to OmnicareX.X. Xxxxxx, Inc., 000 Xxxx XxxxxXxxxxx Xxxxxxxxx0000 Xxxxxxxxx Xxxx., Xxxxx 000, Xxxxxxxxx, Xxxxxxxx Xxxxx 00000, Attention: Corporate SecretaryChief Financial Officer, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and Trustee, American Stock Transfer & Trust Company, 00 Xxxxxx Xxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ___________, Facsimile No. ____________; (ii) with respect to the Delaware Trustee, JPMorgan Chase BankThe Corporation Trust Company, 4 New York PlazaCorporation Trust Centre, 15th Floor0000 Xxxxxx Xxxxxx, New YorkXxxxxxxxxx, New York 10004Xxxxxxxx 00000, Attention: Institutional Trust Services; Chase Manhattan Bank USA___________, National Association, 000 Xxxxxxx Xxxxxxxxxx Road, Building 4 (3rd Floor), Newark, Delaware 19713, Attention: Institutional Trust Services, as the case may beFacsimile No. ____________; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare DRH Capital Trust I III, c/o Corporate SecretaryX.X. Xxxxxx, Inc., 0000 Xxxxxxxxx Xxxx., Xxxxx 000, Xxxxxxxxx, Xxxxx 00000, Attention: Chief Financial Officer, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERSPreferred Securityholder, to such Holder of Trust PIERS Preferred Securityholder as such Holder’s Securityholder's name and address appear on the Securities Register and (ii) in the case of the Common Holder Securityholder or the Depositor, to Omnicare, Inc.Alabama Power Company, 000 Xxxx XxxxxXxxxxx XxxxxxxxxXxxxx 00xx Xxxxxx, XxxxxxxxxXxxxxxxxxx, Xxxxxxxx Xxxxxxx 00000, Attention: Corporate Treasurer, Facsimile No. (205) ____________, with a copy to the Assistant Secretary, Facsimile No. (000) 000-0000404)____________. Such notice, demand or other communication to or upon a Holder Security- holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and the Delaware Trustee, JPMorgan Chase Chemical Bank, 4 New York Plaza000 Xxxx 00xx Xxxxxx, 15th FloorXxx Xxxx, New YorkXxx Xxxx, New York 1000400000, Attention: Institutional Trust ServicesCorporate Trustee Administration Department; Chase Manhattan Chemical Bank USADelaware, National Association0000 Xxxxxx Xxxxxx, 000 Xxxxxxx Xxxxxxxxxx RoadXxxxxxxxxx, Building 4 (3rd Floor), Newark, Delaware 19713Xxxxxxxx 00000, Attention: Institutional Corporate Trust ServicesDepartment, as the case may be; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare Alabama Power Capital Trust I c/o Corporate SecretaryTreasurer. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERSPreferred Securityholder, to such Holder of Trust PIERS Preferred Securityholder as such Holder’s Securityholder's name and address appear on the Securities Security Register and (ii) in the case of the Common Holder Securityholder or the Depositor, to Omnicare, Inc.Duke Capital Corporation, 000 Xxxx XxxxxXxxxxx XxxxxxxxxXxxxx Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000, Attention: Treasurer, Facsimile No. (000) 000-0000, with a copy to Corporate Secretary, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and the Delaware Trustee, JPMorgan The Chase Manhattan Bank, 4 New York Plaza000 Xxxx 00xx Xxxxxx, 15th FloorXxx Xxxx, New York, New York 10004Xxx Xxxx 00000, Attention: Institutional Trust ServicesCorporate Trustee Administration Department; Chase Manhattan Bank USADelaware, National Association0000 Xxxxxx Xxxxxx, 000 Xxxxxxx Xxxxxxxxxx RoadXxxxxxxxxx, Building 4 (3rd Floor), Newark, Delaware 19713Xxxxxxxx 00000, Attention: Institutional Corporate Trust ServicesDepartment, as the case may be; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare Duke Capital Financing Trust I [ ] c/o Corporate Secretary. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.. Section 10.09

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERSPreferred Securityholder, to such Holder of Trust PIERS Preferred Securityholder as such Holder’s Securityholder's name and address appear on the Securities Security Register and (ii) in the case of the Trust Common Holder Securityholder or the Depositor, to OmnicareX.X. Xxxxxx, Inc., 000 Xxxx XxxxxXxxxxx Xxxxxxxxx0000 Xxxxxxxxx Xxxx., Xxxxx 000, Xxxxxxxxx, Xxxxxxxx Xxxxx 00000, Attention: Corporate SecretaryChief Financial Officer, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and Trustee, American Stock Transfer & Trust Company, 00 Xxxxxx Xxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ___________, Facsimile No. ____________; (ii) with respect to the Delaware Trustee, JPMorgan Chase BankThe Corporation Trust Company, 4 New York PlazaCorporation Trust Centre, 15th Floor0000 Xxxxxx Xxxxxx, New YorkXxxxxxxxxx, New York 10004Xxxxxxxx 00000, Attention: Institutional Trust Services; Chase Manhattan Bank USA___________, National Association, 000 Xxxxxxx Xxxxxxxxxx Road, Building 4 (3rd Floor), Newark, Delaware 19713, Attention: Institutional Trust Services, as the case may beFacsimile No. ____________; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare DRH Capital Trust I I, c/o Corporate SecretaryX.X. Xxxxxx, Inc., 0000 Xxxxxxxxx Xxxx., Xxxxx 000, Xxxxxxxxx, Xxxxx 00000, Attention: Chief Financial Officer, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.

Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Securityholder or the Depositor may be given or served in writing by deposit thereof, first-first class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERSPreferred Securityholder, to such Holder of Trust PIERS Preferred Securityholder as such Holder’s Securityholder's name and address appear on the Securities Security Register and (ii) in the case of the Trust Common Holder Securityholder or the Depositor, to OmnicareX.X. Xxxxxx, Inc., 000 Xxxx XxxxxXxxxxx Xxxxxxxxx0000 Xxxxxxxxx Xxxx., Xxxxx 000, Xxxxxxxxx, Xxxxxxxx Xxxxx 00000, Attention: Corporate SecretaryChief Financial Officer, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon a Holder Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and Trustee, American Stock Transfer & Trust Company, 00 Xxxxxx Xxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ___________, Facsimile No. ____________; (ii) with respect to the Delaware Trustee, JPMorgan Chase BankThe Corporation Trust Company, 4 New York PlazaCorporation Trust Centre, 15th Floor0000 Xxxxxx Xxxxxx, New YorkXxxxxxxxxx, New York 10004Xxxxxxxx 00000, Attention: Institutional Trust Services; Chase Manhattan Bank USA___________, National Association, 000 Xxxxxxx Xxxxxxxxxx Road, Building 4 (3rd Floor), Newark, Delaware 19713, Attention: Institutional Trust Services, as the case may beFacsimile No. ____________; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare DRH Capital Trust I II, c/o Corporate SecretaryX.X. Xxxxxx, Inc., 0000 Xxxxxxxxx Xxxx., Xxxxx 000, Xxxxxxxxx, Xxxxx 00000, Attention: Chief Financial Officer, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.